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Siaperas v. Montana State Fund9/21/2004
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Section 39-71-612, MCA (1995), requires the satisfaction of three elements to justify an an award of reasonable attorney fees in cases in which the initial benefits are later increased: (1) an "insurer pays or submits a written offer of payment of compensation under chapter 71 or 72 of this title," (2) "controversy relates to the amount of compensation due," (3) "the case is brought before the workers' compensation judge for adjudication of the controversy," and (4) "the award granted by the judge is greater than the amount paid or offered by the insurer."
The $14.77 weekly benefits that Montana State Fund failed to pay for the first seven years since the accident fails the second element. At no time did Montana State Fund ever refuse to pay the $14.77 or claim that Siaperas was not entitled to that amount, so there has been no controversy relating to the amount of compensation due. The apportionment request for decreasing the Social Security Disability offset failed in Workers' Compensation Court and in this Court. Without an increase in benefits, that claim fails element (4). We deny Siaperas's claims for penalties against Montana State Fund and claims for attorney fees.
We affirm the Workers' Compensation Court's denial of increased workers' compensation benefits, denial of a lump sum payment, and denial of attorney fees.
W. WILLIAM LEAPHART
We concur:
PATRICIA O. COTTER
JOHN WARNER
JIM REGNIER
JIM RICE
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